glen
04-09 04:42 PM
Approved I-140 is good enough for applying for three year extension. I don't think there is any rule to wait for 365 days after I-140. I guess the 365 day rule is for pending labour.
Thanks wellwishergc,
I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?
Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.
-Madhuri
Thanks wellwishergc,
I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?
Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.
-Madhuri
wallpaper Selena Gomez amp; The Scene - Falling Down (Full Song) + Lyricsamp;Download
fundo14
02-19 12:36 PM
Hi All,
I wanted to share my experience at the port of entry using AP.
Just to give a quick background me and my wife have been working on H1 for last 8 years, we both were working on our H1’s at the time of leaving for vacation one month back.
Our 485/EAD/AP was filed on July 2nd, 2007; my wife is a Primary Applicant.
We have our 485 receipts/ approved EAD’s and AP’s with us.
Also, our H1 Petition’s are valid till 2010 but the stamping on passport is expired, we did not get stamping in India as we intended to enter using AP
At the Port of entry this is how it went:
Officer: Very rudely asked for our passports & I-94
We gave him our Passports, I-94 forms and Original AP’s
Officer: What’s the purpose of your visit?
Our Answer: To join back at our respective work.
Officer: Work? Who’s the primary applicant?
My answer: My wife
Officer: Then how the hell you will work here, you cannot work here, only your wife can work as the petition is on her name, you are a derivative.
My answer: But I have work Authorization (showed our EAD cards)
Officer: That’s all bullhshit, does not mean anything…you can not work here.
My answer: I politely told him that sir when we left country a month ago we both were working on H1’s, now we are seeking entry on AP.
Officer: yeh but don’t do fraud, you cannot work here (Very rudely)...who told you that you can work here.
My Answer: Again I explained politely- Sir, we filed for 485 which made us eligible to get EAD’s, showed him the EAD card again (which clearly states “Authorized to work in US till validity of this card” Our EAD’s are valid till end of 2008)
Officer: listen don’t teach me law, I have been working here for “x” number of years, and you think you know laws better than me.
After this I and my wife decided to keep quite as that moron was not ready to listen and understand anything.
Officer (rudely): I will set this straight for you…then we were asked to follow him in a separate room. Many people were waiting there I guess most of them using AP
The Officer went to one other custom officer there and pointed towards us and explained him something which we could not hear.
We waited � an hour till our named was called…I was worried that they will now create lot problems for us but to my surprise we were just handed our Passports along with AP’s / I-94 stamped as “AOS” and told you are all set... Absolutely No questions asked.
I am worried if he has entered some nasty remarks on my case…not sure.
Now this entire incident makes me wonder what that officer was talking about, my guess is one of the following:
1. He assumed throughout that my wife is entering on H1 and I on H4
2. Or he did realize his mistake but was too egoistic to accept it.
3. Or he was right and I was wrong about working on EAD (being derivative)...am I missing something here??
One of my suggestion from all this experience is that anybody entering on AP always state the purpose of visit is to “Resume pending AOS”
In last 8 years I have re-entered US like 6 times but never faced such a rude Immigration officer or have been treated like this.
Guru’s please advice if there is a possibility to reinstate our status as H1, we would rather work on H1 then on EAD’s
Thanks!
I wanted to share my experience at the port of entry using AP.
Just to give a quick background me and my wife have been working on H1 for last 8 years, we both were working on our H1’s at the time of leaving for vacation one month back.
Our 485/EAD/AP was filed on July 2nd, 2007; my wife is a Primary Applicant.
We have our 485 receipts/ approved EAD’s and AP’s with us.
Also, our H1 Petition’s are valid till 2010 but the stamping on passport is expired, we did not get stamping in India as we intended to enter using AP
At the Port of entry this is how it went:
Officer: Very rudely asked for our passports & I-94
We gave him our Passports, I-94 forms and Original AP’s
Officer: What’s the purpose of your visit?
Our Answer: To join back at our respective work.
Officer: Work? Who’s the primary applicant?
My answer: My wife
Officer: Then how the hell you will work here, you cannot work here, only your wife can work as the petition is on her name, you are a derivative.
My answer: But I have work Authorization (showed our EAD cards)
Officer: That’s all bullhshit, does not mean anything…you can not work here.
My answer: I politely told him that sir when we left country a month ago we both were working on H1’s, now we are seeking entry on AP.
Officer: yeh but don’t do fraud, you cannot work here (Very rudely)...who told you that you can work here.
My Answer: Again I explained politely- Sir, we filed for 485 which made us eligible to get EAD’s, showed him the EAD card again (which clearly states “Authorized to work in US till validity of this card” Our EAD’s are valid till end of 2008)
Officer: listen don’t teach me law, I have been working here for “x” number of years, and you think you know laws better than me.
After this I and my wife decided to keep quite as that moron was not ready to listen and understand anything.
Officer (rudely): I will set this straight for you…then we were asked to follow him in a separate room. Many people were waiting there I guess most of them using AP
The Officer went to one other custom officer there and pointed towards us and explained him something which we could not hear.
We waited � an hour till our named was called…I was worried that they will now create lot problems for us but to my surprise we were just handed our Passports along with AP’s / I-94 stamped as “AOS” and told you are all set... Absolutely No questions asked.
I am worried if he has entered some nasty remarks on my case…not sure.
Now this entire incident makes me wonder what that officer was talking about, my guess is one of the following:
1. He assumed throughout that my wife is entering on H1 and I on H4
2. Or he did realize his mistake but was too egoistic to accept it.
3. Or he was right and I was wrong about working on EAD (being derivative)...am I missing something here??
One of my suggestion from all this experience is that anybody entering on AP always state the purpose of visit is to “Resume pending AOS”
In last 8 years I have re-entered US like 6 times but never faced such a rude Immigration officer or have been treated like this.
Guru’s please advice if there is a possibility to reinstate our status as H1, we would rather work on H1 then on EAD’s
Thanks!
rajsenthil
09-16 05:21 PM
Done.
It's time to tell CNN not to give a platform for racists.
Drop Dobbs: Halt the Hate (http://www.dropdobbs.com/)
Please sign the petition
Take Action (http://www.dropdobbs.com/take-action/)
"Drop Dobbs": CNN Pressured To Give Up Controversial Host (VIDEO) (http://www.huffingtonpost.com/2009/09/16/drop-dobbs-cnn-pressured_n_288506.html)
- JK
It's time to tell CNN not to give a platform for racists.
Drop Dobbs: Halt the Hate (http://www.dropdobbs.com/)
Please sign the petition
Take Action (http://www.dropdobbs.com/take-action/)
"Drop Dobbs": CNN Pressured To Give Up Controversial Host (VIDEO) (http://www.huffingtonpost.com/2009/09/16/drop-dobbs-cnn-pressured_n_288506.html)
- JK
2011 Falling Down´s videoclip
bidhanc
06-08 03:32 PM
Hi,
My I-140 was filed in Jan 06 and was cleared by March 06. Not sure if it depends as to where it's being sent to.
I think mine went to Nebraska.
My I-140 was filed in Jan 06 and was cleared by March 06. Not sure if it depends as to where it's being sent to.
I think mine went to Nebraska.
more...
bkshres
07-01 12:35 PM
I have seen people getting FAFSA loan with pending I-485. If you are in non-immigrant visa status even H1B then you can NOT apply for FAFSA. But if you are in pending I-485 working on EAD then should be good. Better talk with school advisor for more detail.
Good luck
BK
Good luck
BK
pitha
02-27 04:47 PM
It is worse than your estimates below because when green card is issued spouse and children are also counted in the quota unlike the h1 where spouse and children are not counted in the quota. Even if we assume each green card applicat has only one child, there would be 3 visa numbers used for each GC applicant. Going by that India has a demand for 150K GC as per the perm statistics but it gets only about 10000 per year. At this rate people from India who applied for GC in 06 and 07 would have to wait about 15 years and 30 years respectively to get the GC!!!!!!!!
About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.
Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.
Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).
As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....
Comments on the analysis.........?
About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.
Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.
Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).
As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....
Comments on the analysis.........?
more...
serg
04-06 11:01 PM
The faces from both sides - Major Lead and Minor Lead was looked as they didn't reach any agreement :( Frist was talking (number of times) about "Border Security Bill" at the end ...
2010 Selena Gomez#39;s Brand New Video
xu1
08-24 07:40 PM
Here's a link to a presentation that IV prepared in May for lawmakers. Page 13 has visa availabilities for indians in FY05. Take a look.. The slides has made a strong case with lots of facts compiled together. You can present the slides to your lawmakers or their staff, or the media if you get a chance..
http://immigrationvoice.org/media/ImmigrationVoice_Background_for_Media.pdf
Page 13:
soft quota---- ---- india actual approval---- spill over from ROW
2,803 ---- ---- ---- 6,336 ---- ---- ---- 3,533
2,803 ---- ---- ---- 16,687 ---- ---- ---- 13,884
2,803 ---- ---- ---- 23,399 ---- ---- ---- 20,596
Total
8,408 ---- ---- ---- 46,422 ---- ---- ---- 38,014
http://immigrationvoice.org/media/ImmigrationVoice_Background_for_Media.pdf
Page 13:
soft quota---- ---- india actual approval---- spill over from ROW
2,803 ---- ---- ---- 6,336 ---- ---- ---- 3,533
2,803 ---- ---- ---- 16,687 ---- ---- ---- 13,884
2,803 ---- ---- ---- 23,399 ---- ---- ---- 20,596
Total
8,408 ---- ---- ---- 46,422 ---- ---- ---- 38,014
more...
mukraw6
11-21 05:24 PM
It said the same thing for me and that means you will recieve it in a weeks time or your lawyer
hair video for Selena Gomez#39;s
when
02-29 12:42 PM
^^^^
more...
anindya1234
06-01 03:25 PM
I have already sent a link to this petition to my local Congressman and Senator. You can do the same...let other people know so that we can reach as many Senators and Congressmen as possible and convey our thoughts to them
hot selena gomez shooting the
ash27
04-02 10:20 PM
It is not very clear if the new employer needs to explicitly state that they would like to continue your GC. I understand that a major chunk of employers will have reservation stating this in an offer letter.
My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.
My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.
more...
house Selena Gomez Making Of
mambarg
08-01 01:03 PM
Here is my prediction.
With July Fiasco INS has learnt their lessons.
They have potential to process and approve 40K cases in one month.
Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
I think they might even issue again 40K cases in october ?
Why not ?
So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
I would say dont be surprised if it takes just one month to approve ?????
With July Fiasco INS has learnt their lessons.
They have potential to process and approve 40K cases in one month.
Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
I think they might even issue again 40K cases in october ?
Why not ?
So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
I would say dont be surprised if it takes just one month to approve ?????
tattoo Selena Gomez
saurav_4096
04-12 09:38 AM
Gurus,
Please help me guiding in my situation:
I have been on H1B for about 2 years, I came through desi consulting company. As usual there were no bench salary and very irregular payment during project duration also, I was not paid for about 50% of time.
I had switched to another employer couple of months back, My H1B approval with new employer is still pending. recently I had got letter from Department of Labor (DOL). They are trying to investigate my previous employer if he is complying with american competitiveness and workforce improvement act(ACWIA) of 1998.
They had sent me a questioner about previous employer about salary being paid etc.
I am not sure what should I be doing in this situation:
If I reply with all facts this might effect my pending H1B status for new employer.
If I write in a way that thing were as per LC then I am lieing, which I am not comfortable with.
Third Option could be that I do not respond at all
[They had mentioned that I am NOT required to respond.]
I am seeking help from experts and forum members, what should be I doing in this situation so that my H1B transfer do not get jeopradasided.
Thanks
Saurav
Please help me guiding in my situation:
I have been on H1B for about 2 years, I came through desi consulting company. As usual there were no bench salary and very irregular payment during project duration also, I was not paid for about 50% of time.
I had switched to another employer couple of months back, My H1B approval with new employer is still pending. recently I had got letter from Department of Labor (DOL). They are trying to investigate my previous employer if he is complying with american competitiveness and workforce improvement act(ACWIA) of 1998.
They had sent me a questioner about previous employer about salary being paid etc.
I am not sure what should I be doing in this situation:
If I reply with all facts this might effect my pending H1B status for new employer.
If I write in a way that thing were as per LC then I am lieing, which I am not comfortable with.
Third Option could be that I do not respond at all
[They had mentioned that I am NOT required to respond.]
I am seeking help from experts and forum members, what should be I doing in this situation so that my H1B transfer do not get jeopradasided.
Thanks
Saurav
more...
pictures Her first single, Falling Down
helmet
01-15 11:43 AM
now a days that test is mandatory for all Asian countries. If you did master's in US then you no need to take that test. in their website there is a point calculation chart for the points that you get in IELTS the corresponding points for canada pr. If won't take that test mostly they will reject the application if you are from Asia.
dresses 0 Justin Bieber pants falling
bmoni
12-22 08:32 PM
Have any one changed employer right after I-140 approval.
Please post your experience
Please post your experience
more...
makeup Selena Gomez TV Guide
gcisadawg
04-05 08:50 PM
I found this in another website:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=685c8d8b3b760210VgnVCM1000004718190aRCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
"Since the beginning of this fiscal year (October 2008), USCIS has adjudicated over 75,000 employer petitions, reducing the pending caseload of petitions to under 55,000.USCIS� goal is to have adjudicated all the older employer petitions, and to be processing newer petitions within 4 months, by the end of September 2009"
This is talking about I-140 and not I-485.....
My I-140 filed with TSC is still pending since August 2007. I hope I get a decision ( hopefully positive) by Sep 2009!
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=685c8d8b3b760210VgnVCM1000004718190aRCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
"Since the beginning of this fiscal year (October 2008), USCIS has adjudicated over 75,000 employer petitions, reducing the pending caseload of petitions to under 55,000.USCIS� goal is to have adjudicated all the older employer petitions, and to be processing newer petitions within 4 months, by the end of September 2009"
This is talking about I-140 and not I-485.....
My I-140 filed with TSC is still pending since August 2007. I hope I get a decision ( hopefully positive) by Sep 2009!
girlfriend Selena Gomez And The Scene
desi3933
06-12 01:37 PM
Severance package includes all benefits including health care. As per the law no can be paid full salary with deductions being made for Medicare and social security, if there is no valid status. My friends have gone through this stage in Big5, they can NOT cancel H1B until the last day of severance package validity.
Also remember that by law, employer has to arrange a one way ticket to the departing employee (not to the family members) to his/her foreign country and show it in record that they made all arrangements to send away the employee so that there is no overstay or illegal stay after severance package.
I have seen this happening so many times
If employee choses a different option to stay legally, that's up to the employee
Severance Package is NOT salary. One can receive unemployment benefits during the period of severance pay. Please check with your attorney/lawyer. H1 status is valid until last day of employment.
If one applies for H1 transfer during brief period (couple of weeks) after H1 status expiry, USCIS generally approves H1 transfer with new I-94. If the new I-94 is not attached, the one is required is travel abroad to get new visa stamp and re-entry into US gets that person into valid H1 status.
One way ticket is provided only if the employee is fired or laid off. Please check rules before posting. No one-way ticket is required if employee resigns (or made to resign, as some may say).
Also, one need to aware of the risk of losing PD porting, if the existing I-140 is revoked or canceled by the employer.
Please verify details with your attorney/lawyer.
===============================================
Only a qualified attorney can offer legal advice and I am not an attorney therefore I am not offering any advice, only personal opinion and/or information.
Also remember that by law, employer has to arrange a one way ticket to the departing employee (not to the family members) to his/her foreign country and show it in record that they made all arrangements to send away the employee so that there is no overstay or illegal stay after severance package.
I have seen this happening so many times
If employee choses a different option to stay legally, that's up to the employee
Severance Package is NOT salary. One can receive unemployment benefits during the period of severance pay. Please check with your attorney/lawyer. H1 status is valid until last day of employment.
If one applies for H1 transfer during brief period (couple of weeks) after H1 status expiry, USCIS generally approves H1 transfer with new I-94. If the new I-94 is not attached, the one is required is travel abroad to get new visa stamp and re-entry into US gets that person into valid H1 status.
One way ticket is provided only if the employee is fired or laid off. Please check rules before posting. No one-way ticket is required if employee resigns (or made to resign, as some may say).
Also, one need to aware of the risk of losing PD porting, if the existing I-140 is revoked or canceled by the employer.
Please verify details with your attorney/lawyer.
===============================================
Only a qualified attorney can offer legal advice and I am not an attorney therefore I am not offering any advice, only personal opinion and/or information.
hairstyles “Falling down” with Selena
mhtanim
02-02 02:59 AM
She HAS to use AP. There is no choice of entering on F1. If she enters using F1 visa, it means she has abandoned her I-485. It will create problems later during I-485 adjudication.
Once she enters on AP, she loses F1 status immediately. Then, she should inform her school. School will terminate her F1 status in the SEVIS database.
She can continue studying showing I-485 receipt. EAD card will be her evidence of status.
Once in I-485 AOS status, she will be eligible for resident tuition fees and will no longer have to pay non-resident tuition fees.
I second this. Unlike H-1B or H4 which are dual intent, F1 is not. After filing I-485, entering in the U.S. as F1 may cause complexities. I would suggest that you talk to a good immigration attorney.
Once she enters on AP, she loses F1 status immediately. Then, she should inform her school. School will terminate her F1 status in the SEVIS database.
She can continue studying showing I-485 receipt. EAD card will be her evidence of status.
Once in I-485 AOS status, she will be eligible for resident tuition fees and will no longer have to pay non-resident tuition fees.
I second this. Unlike H-1B or H4 which are dual intent, F1 is not. After filing I-485, entering in the U.S. as F1 may cause complexities. I would suggest that you talk to a good immigration attorney.
paskal
12-26 05:04 PM
please feel free to join in
those from other states asking this question: you are very welcome
Dial-In #: 1-218-486-1300
Bridge: 405416
9pm cst
those from other states asking this question: you are very welcome
Dial-In #: 1-218-486-1300
Bridge: 405416
9pm cst
walking_dude
11-27 09:24 PM
Thanks Rajeev, MB, new_gc_guy, grupak, GCkaMaara, coopheal for your pledge. I pledge a contribution of $100 as well for the rally, besides my continuing monthly contributions and participation in the rally.
Others, please step forward. Let us not be penny-wise and pound-foolish. Let us help IV pull this thing for our sake.
Others, please step forward. Let us not be penny-wise and pound-foolish. Let us help IV pull this thing for our sake.
No comments:
Post a Comment